Click to download HUAWEI Push Service Agreement.
The following terms (hereinafter referred to as this "Agreement") constitute a legally binding agreement between you and Huawei regarding the HUAWEI Push Service. It is a supplementary agreement to the Agreement on Use of Huawei APIs signed by and between you and Huawei, which is itself supplementary to the HUAWEI Developers Service Agreement. This Agreement stipulates your legal rights and obligations when using the HUAWEI Push Service. By checking the box next to "I have read and agreed" in the AppGallery Connect agreement pop-up window to agree to all applicable agreements to AppGallery Connect services (including this Agreement), or by checking the box next to "I have read and agreed to HUAWEI Push Service Agreement" below this Agreement, or by using the HUAWEI Push Service under this Agreement, it shall be deemed that you have fully understood and accepted the terms of this Agreement, the HUAWEI Developers Service Agreement, and the Agreement on Use of Huawei APIs as of the date of your such acceptance and use ("Effective Date"). Any and all matters unaccomplished herein shall be subject to the HUAWEI Developers Service Agreement and the Agreement on Use of Huawei APIs. If you do not agree to this Agreement, the HUAWEI Developers Service Agreement, or the Agreement on Use of Huawei APIs, you shall stop using the services under the respective agreement(s).
Unless otherwise specified in this Agreement, the terms in this Agreement shall have the same meanings as those in the HUAWEI Developers Service Agreement and the Agreement on Use of Huawei APIs. Unless otherwise stated, the following terms are defined herein as below:
1.1 HUAWEI Push Service (hereinafter referred to as this "Service") is a channel from cloud to smart terminal devices for push messagesthat Huawei provides to Developers. Developers can use this Service to push messages to End Users.
1.2 "Multiple Senders" is a function provided by HUAWEI Push Service to Developers (app owners). This function allows Developers to authorize their Senders to send messages to End Users using Senders' own authentication keys via Developers' apps. Such Senders are controlled and managed by Developers.
2.1 Your rights and obligations
(1) You may use the APIs, SDKs, and websites provided by this Service to push messages to Users of your apps. Huawei will assign the following app identifiers to each of your apps: an APP ID, APP SECRET, project_id, key_id, private_key, and sub_account. You may share any of the app identifiers to a third party to enable them to push messages. You acknowledge and agree that in such case the push messages will be considered to be sent by you and you shall ensure that such push messages comply with the terms of this Agreement and applicable laws and regulations and you shall be solely and entirely liable for any damages therein.
(2) Before you send any message to an End User through this Service, you must obtain the End User's consent to receiving such a message. If an End User refuses to receive such messages or withdraws his or her consent, you may not push any messages to that End User.
(3) You hereby undertake not to push marketing messages to minors.
(4) You may not use this Service to send information (including text, graphics, images, photos, voices, etc.) containing any obscene, pornographic, objectionable, or defamatory content, or any content that is in violation of relevant laws and regulations.
(5) You hereby undertake not to use this Service to send any phishing or spam messages, including but not limited to messages that contain links to fraudulent websites or apps which deceive End Users into providing their Personal Information. You must identify yourself in the message by clarifying your actual company name, app name, or brand name, ensuring that End Users know that the message comes from your app.
(6) You acknowledge and agree that the push messages are controlled, managed, and pushed by you and not by Huawei. You shall bear full responsibility and obligation to any data or content that you transmit through this Service.
(7) When using the Multiple Senders function, you and your Senders acknowledge and agree that:
a. You and your Senders must observe the terms and conditions, legal agreements, and any other provisions that govern the contractual relationship between you and your Senders. Huawei only provides this Service, without any control over said relationship between you and your Senders, or over the control exercised by you over your Senders;
b. You shall be fully responsible and liable for any and all actions or omissions of your Senders if you are acting as an "app owner". You shall also act in good faith and in a fair manner when controlling the rights of your Senders. Any restrictions on Senders' rights to push messages shall only be imposed for objective and justifiable reasons in accordance with the terms and conditions agreed upon by you and the Senders;
c. If you are acting as a "Sender", you acknowledge that the "app owner" has the rights in accordance with any and all applicable terms and conditions concluded between you and Huawei, which include but not are limited to:
(i) the right to require that you delete any illegal or infringing content;
(ii) the right to stop authorizing you to send messages to End Users via Developer's app.
d. For the avoidance of doubt, if you are acting as a "Sender", you hereby acknowledge and agree that you are bound by, and shall fully comply with any and all terms and conditions of this Agreement.
(8) You acknowledge and agree that you are the data controller of all the data generated by third-party push services, and that you shall assume full responsibility for controlling and managing such data in accordance with the applicable laws and regulations. As your data processor, we will strictly follow your instruction to process and store such data.
(9) You hereby warrant that the content you send to End Users does not contain sensitive Personal Data or End Users' confidential information. If the content you send to End Users contains any Personal Information, you warrant that your collection, use, transmission, and processing of such information conforms to any and all applicable data protection laws.
(10) You undertake that you shall not attack this Service's networks and servers, or otherwise interfere with the use of this Service by other Developers.
(11) You shall ensure that Huawei understands the usage scenarios for your apps so that Huawei may, at its own discretion, provide targeted solutions for your apps.
(12) This Service is not available in all countries/regions and its availability in any particular location is not guaranteed. You shall define the scope of use of this Service independently and accept responsibility for complying with any applicable laws, including but not limited to any local laws.
2.2 Huawei's rights and obligations
(1) To protect End Users' rights and interests, Huawei reserves the right to limit the frequency of messages you send to End Users.
(2) Huawei reserves the right to deny your access to or restrict your use of this Service.
(3) Huawei has the right to update the APIs and SDKs of this Service at its own discretion. Huawei will comply with software design principles to ensure compatibility to the greatest extent possible. However, in special cases, you may need to modify or upgrade your app before you can continue using the updated APIs and SDKs. You shall assume the costs of such modifications or updates.
(4) If Huawei is becoming aware that the content of a message you push to End Users through this Service violates relevant laws or regulations, or the terms of this Agreement, Huawei reserves the right to take measures to prevent any future breaches, such as refusing to send out such push messages and disconnecting the relevant link.
(5) Huawei may collect diagnostic information about your use of this Service to help improve it.
(6) If Huawei needs to suspend this Service for system maintenance or to update the APIs, SDKs, and/or the Website, Huawei will notify you of such suspension on the Website as early as possible. Huawei does not promise to provide this Service without interruption or delay. Huawei does not assume the losses caused by system maintenance or updates to APIs, SDKs, and/or the Website.
3.1 Huawei processes End Users' Personal Data as your data processor when providing this Service to you. Huawei processes the data in accordance with the AppGallery Connect Data Processing Addendum, which is an integral part of the HUAWEI Push Service Agreement and the HUAWEI Developers Service Agreement.
3.2 You shall develop a public privacy policy that complies with applicable laws and regulations and display said privacy policy in a prominent manner in your app or service. In the privacy policy you shall accurately disclose your use of this Service and how you and this Service collect and process the Personal Data of End Users. In addition, you shall obtain the consent of End Users (or have other valid legal basis under applicable laws) for your app to use their Personal Data.
3.3 If you are sending push messages to third-party push services, Huawei shall only be responsible for sending such messages to such third-party service on your behalf and the third-party service provider shall be responsible for the subsequent processing.
4.1 If either Party terminates the HUAWEI Developers Service Agreement or the Agreement on Use of Huawei APIs, this Agreement shall automatically terminate on the same day.
4.2 You may terminate this Agreement by disabling HUAWEI Push Service for all your apps.
4.3 If Huawei decides to discontinue HUAWEI Push Service or make major changes to it, Huawei reserves the right to terminate this Agreement after informing you in advance.
4.4 Termination of this Agreement does not entail automatic termination of the HUAWEI Developers Service Agreement and Agreement on Use of Huawei APIs signed by and between you and Huawei.
You acknowledge and agree that the provisions regarding the distribution area and the signing Huawei entity under this Agreement shall be subject to the Clause of "Contracting Entity" in the Agreement on Use of Huawei APIs.
You acknowledge and agree that the provisions regarding the governing law and dispute resolution under this Agreement shall be subject to the Clause of "Governing Law and Dispute Resolution" in the HUAWEI Developers Service Agreement.